Pedestrianism in novels

I am perennially curious about the distances that characters in nineteenth-century novels are happy to walk. Turgenev's Torrents of Spring happens to offer some geographic clues. The hero, Dimitri Pavlovitch Sanin, stays at the White Swan Hotel in Frankfurt, Germany, in 1840, when there was as yet no railroads to carry him home to Russia. The novella fails to locate Sanin's hotel precisely, and Google doesn't yet index fictional travel accommodations as far back as 1840, but on his first night in town, Sanin takes a stroll.

He went in to look at Danneker's Ariadne, which he did not much care for, visited the house of Goethe, of whose works he had, however, only read Werter, and that in the French translation. He walked along the bank of the Maine, and was bored as a well-conducted tourist should be.

Johann Heinrich von Dannecker's statue Ariadne on the Panther is lodged in a museum known as the Liebieghaus, and the house where Goethe was born is also easy to locate, so it's safe to say that Sanin was staying in what is today downtown Frankfurt.

Later in the novel, after Sanin has fallen in love, his beloved orders him to stay away from her for a day. He passes the time with her brother:

After drinking coffee, the two friends set off together—on foot, of course—to Hausen, a little village lying a short distance from Frankfort, and surrounded by woods. The whole chain of the Taunus mountains could be seen clearly from there. The weather was lovely; the sunshine was bright and warm, but not blazing hot . . . The two young people soon got out of the town, and stepped out boldly and gaily along the well-kept road.

The family dog accompanies them; they play leap-frog, run races, sing songs; and they space out the walk by drinking and eating at three inns. They're not, in other words, in any hurry. How far did they go? If you ask Google Maps for walking directions from the Liebieghaus to Goethe's house, and thence to the district of Hausen (which is now part of Frankfurt, and no longer a separate village), the trip is about 4 miles one way, and should take about an hour and twenty minutes on foot. An eight-mile, three-hour round trip is not a terribly taxing walk, though few today would take it uncomplainingly. An equivalent walk would take me from my neighborhood, Park Slope, Brooklyn, to the Soho shopping district in downtown Manhattan.

Into the horizon

Edwin B. Coddington bookplate

I found this bookplate, unglued but still tucked into the front endpapers, in a history that I spent today reading. The book, which I bought used last week, was published in the 1930s; the Internet tells me that Edwin B. Coddington, its sometime owner, was the longtime chair of Lafayette College’s history department and wrote the definitive history of the Battle of Gettysburg, published in 1968, some time after his death. I like the way the bookplate evokes the idea of American history. I’ve been using it as a bookmark, and I must have looked at it half a dozen times before I had a Sesame Street moment and realized that the Indian and the airplane don’t belong in the same picture.

Clash of the titans

Sometime on Friday night, the New York Times reports, Amazon deactivated the Buy Now buttons on its website for all books published by the Macmillan group, including such imprints as Farrar Straus & Giroux, Henry Holt, and St. Martin’s Press. As of this writing, you cannot buy a new copy of the correspondence of Elizabeth Bishop and Robert Lowell from Amazon, though it’s still available from Barnes & Noble, Powells, and other indie booksellers. The same is true of thousands of other titles.

This is a bit of a stunner. Macmillan and Amazon have been arguing, it transpires, over the pricing of e-books, but Amazon yanked Macmillan’s ink-and-paper as well as its electronic books—bypassing conventional weapons in favor of first-use nuclear.

As a writer with friends who work at Macmillan imprints, my sympathies are with the publisher. To judge by the comments being left at the New York Times article on the conflict, however, quite a few people are siding with Amazon, in many cases because they believe it’s greedy of publishers to demand higher prices for e-books. Greed, no doubt, exists on both sides, living as we do under capitalism, but greed alone doesn’t explain the dispute. Yes, Amazon wants to sell e-books for $9.99 or less, and Macmillan wants Amazon to sell them for $15 or less. But as Macmillan’s CEO John Sargent explains, in a statement released today as an advertisement to the book-industry newsletter Publisher’s Lunch, Amazon and Macmillan aren’t at the moment fighting to see who can make more money on a book sale. They’re fighting to see who can lose more money. This is a very peculiar battle.

And it may only be the beginning. My sense, as a somewhat interested observer, is that the year 2010 is going to see radical change in the way books are sold. The catalyst, I suspect, is this month’s announcement of half a dozen new handheld electronic reading devices. Apple’s Ipad tablet is the most famous, but the Consumer Electronics Show at the beginning of January saw the announcement of the Skiff Reader, Plastic Logic’s Que Pro Reader, Entourage’s Edge, and Spring Design’s Alex. Not all of these are likely to make it to market, but those that do will be competing there with Sony’s Reader, Amazon’s Kindle, and Barnes & Noble’s Nook. Google seems to be planning to sell e-books soon. In other words, a large number of capitalists have been betting, lately, that increasing numbers of people want to read e-books.

Let’s leave to one side, for the duration of this blog post, the question of whether it is wise for our society to spend colossal sums of money replacing an existing technology that is durable, versatile, and aesthetically pleasing. (I will let slip this much: No, I do not care how many trees die. They should be so lucky as to be reincarnated as, say, the poems of Surrey. Ents, do you worst!) Assume, for the sake of argument, that a preponderance of these capitalists will prove lucky in their bets, and that a lot of people are going to buy these devices. That suggests, as I wrote in passing in a recent review of Adrian Johns’s new history of intellectual piracy, that a lot of people will soon be roving the internet in search of free or cheap electronically available texts.

Until recently, books have not suffered from internet-assisted piracy the way that music or film has. That’s mostly because it’s easy to make a digital copy of a CD; you slip it into a slot on the side of your computer and click Import. Making a digital copy of a physical book, on the other hand, is cumbersome, as a book pirate recently confessed to the blog The Millions. At the very least you have to turn all the pages. To do it elegantly, you even have to volunteer your services as a proofreader, which is not very many people’s idea of fun, and I say that as someone who has done his share.

But if publishers themselves are selling digital versions of their books, and all that’s needed to liberate them is a little hacking, the calculus changes. Hacking is fun in a way that proofreading is not. Let us pause here and observe a moment of silence for the death of the idea that book pirates, more literary and therefore more moral than their peers, will somehow prove honorable, stealing from the rich and giving to the poor. To the contrary, the pirate interviewed by the Millions said that he deliberately avoided stealing the works of the most successful authors, because they can afford lawyers. Instead he limits his purloining to the work of less commercial writers, such as John Barth, whom he calls “someone who no longer sells very well, I imagine.” Such nobility! “From those who have nothing, even what they have will be taken away.” If electronic reading devices catch on, the threat of piracy to book publishers—and to authors, at all income levels—is very real.

Of course, large swaths of the publishing industry have not waited for pirates in order to be undone. Since the earliest days of the world wide web, newspapers and magazines have pillaged themselves, giving their articles away for free in pursuit of larger audience share. This is now widely understood to have been a mistake. Newspapers like the Times have many more readers online than they ever had in print, but even with these greater numbers, online ads bring in tiny sums compared to print ads. And online readers pay nothing. In the journalistic world that I happen to inhabit, much of the excitement about Apple’s new device has been driven by a hope that it will offer a chance to press the reset button. People stole MP3s, but they buy ring tones. They downloaded software for free, but they buy apps. Perhaps, publishers hope, people will prove willing to buy newspaper subscriptions on their Apple tablets, even though they’ve never been willing to pay to read them in their desktop browsers. (Long Island’s Newsday recently revealed that three months after putting its website behind a pay wall, only thirty-five people have purchased subscriptions.) Thus a week before Apple announced its tablet, the Times announced that by next year, it will be charging its online readers. Will the new business model work? Will newspapers be saved? Who knows, but there isn’t much to lose by trying. In the weeks before Apple’s announcement, I found myself muttering, in an echo of a recent, very bad movie trailer, “Unleash the Kraken.” We might as well find out what the Kraken will do. At the very least, if it finishes the print media off, we will be spared having to listen to further hectoring sermons from internet triumphalists.

Which reminds me that I’ve strayed from my topic: Amazon. Book publishers, unlike newspaper publishers, still have a lot to lose. About nine months ago, I received an email alert from a friend whose excellent book of nonfiction had just been published and who had discovered, to his dismay, that it was accruing one-star reviews on Amazon, not because readers disliked his book but because they objected that its Kindle price was only a few dollars less than its hardcover price. (The anti-Kindle-price reviews appeared on the webpage of both the Kindle and the hardcover version and figured into his book’s combined star rating.) He was caught in the crossfire of an early skirmish of the war that went nuclear this weekend. Eventually the Kindle price of his book was lowered, though I don’t know who blinked. I remember thinking at the time that the one-star ratings were a bad sign, because they suggested that Amazon had in a way already won the dispute over e-book pricing. Consumers already felt that e-books ought to be no more than ten dollars, and felt it with so much indignation and righteousness that they were willing to punish the very author they wanted to read, if they thought he was charging such sums. (My friend, of course, had no control over the pricing of any of the versions of his book.)

Consumers had come to feel that way largely because Amazon had trained them to, by keeping the prices of nearly all its e-books below ten dollars. Though few consumers understood it then, and probably few still understand it today, Amazon did so by sacrificing heaps and heaps of cash. Most publishers have until now sold their e-books to Amazon for the same wholesale price that they sell their hardcovers—roughly half the hardcover’s list price. It is up to a retailer like Amazon whether to sell the book to consumers at its list price, as printed on the inside front flap, or at a discount. With e-books, Amazon has usually offered a discount so low that it actually loses money. That is, Amazon buys for $12 an e-book whose hardcover list price is $24.95, and then Amazon sells the e-book to its customers for $9.95.

Why would Amazon want to do such a thing? When Amazon first introduced its Kindle reading device, the reception was tepid. But Amazon improved the device in later models, and thanks to its aggressive low pricing on e-books, it now reports that the Kindle and e-books are selling briskly. In other words, with the money that it has lost by discounting e-books, Amazon has bought market share for its e-book reader and for itself as an e-book retailer. To put it still another way, Amazon sped up the American public’s adoption of e-books by unilaterally lowering the American public’s idea of what the natural price of an e-book should be. The outrage of the Amazon customers who punished my friend with one-star reviews, and the outrage of commenters siding with Amazon on the New York Times blog post this weekend about the Macmillan-vs.-Amazon dispute, suggest that it may be too late for publishers like Macmillan to alter that idea.

Newspapers have no one to blame but themselves for having taught the public that they have a right to read newspapers online for free. Publishers, on the other hand, have woken up to the unpleasant discovery that the value of their work is being cheapened in the public mind by a third party: Amazon.

Some consumers have objected that e-books must be cheaper to make than ink-on-paper books. A simple cost breakdown by Money magazine last year, however, suggested that only about 10 percent of a book’s list price goes to printing. But ink-on-paper books have to be shipped, stored, and (when they go unsold) returned, and e-books would be spared these costs, too, as this analysis suggests. Also, according to TBI Research, because e-books are likely to end up with a lower list price after the dust clears, author royalties, calculated as a percentage of the list price, are likely to be lower, too—additional savings! Yay! When all these savings are added up, do you succeed in dropping a list price of $28 to one of $9.95? That’s a big drop. Profit margins at book publishers now are rumored to be no more than 10 percent, where they exist at all. It may not be possible for a single company to publish e-books at that price and also retain the infrastructure necessary to publish ink-on-paper books.

To return to the dispute of the moment: Macmillan has probably been selling its e-books to Amazon at the wholesale price of about $12, and Amazon has been selling them retail for about $10. Macmillan says that it would like to sell its e-books at the wholesale price of about $10.45, and have Amazon sell them for the retail price of $14.95. In other words, Macmillan was offering to earn $2 less per e-book. Amazon, however, insisted that it would prefer to take a $2 loss on each e-book, instead, and became so indignant over the matter that it has now ceased selling any Macmillan titles, print or electronic. Macmillan’s proposal is known as the “agency model” for e-book pricing, and the company probably only dared attempt it because Apple has promised that it will sell e-books for its new tablet on exactly those terms. (Amazon has said that they’re willing to accept the agency model, starting in June, but only if an e-book’s list price does not exceed $9.99.)

As I said at the beginning, my sympathies in this dispute are with Macmillan. Why shouldn’t a book publisher be able to exercise some control over their product’s price? Apple, to choose a wild example, rigidly controls the prices at which retailers may sell its products, and as Paul Collins noted in 2007, the legal barriers to publishers’ exercise of such control no longer exist. Here, alas, is where the pirates come in again. Pirates don’t bother when legal copies are available cheaply and easily. What’s perhaps most breathtaking about the Amazon-Macmillan dispute is how little, finally, is at stake: should the highest price of an e-book be $9.95 or $14.95? No one dreams any more that it’s going to be $28. What’s being fought over is control, and the reason control is being fought over so viciously is that the only way such massive cost savings are going to be achieved is by consolidation—by collapsing a few of the intermediary steps somewhere between the creation of a book and the reading of it. Will you some day download your e-books directly from Farrar, Strauss & Giroux’s website? Will Amazon some day be the publisher of Jonathan Franzen’s novels? Some future between these two outcomes is more likely to happen, but precisely where the division will fall remains to be seen. Authors, in the meantime, had better ask their agents to negotiate their e-book royalties very carefully, seeing as how, while the titans rage, the financial analysts have already factored into their bottom lines the expectation that someone else will be eating our slice of the pie.

Copywrongs

A printout, corrected in green ink, of Google's scan, partly obscured by the hand of Google's scanning technician, of an essay by Immanuel Kant on the injustice of counterfeiting books

“Terms of Infringement,” my review of Adrian Johns’s new history Piracy: The Intellectual Property Wars from Gutenberg to Gates, appears in this weekend’s issue of The National (Abu Dhabi).

In the opening paragraph of my review, I refer to an essay by Immanuel Kant. Its title is “Of the Injustice of Counterfeiting Books,” and in Google Books, you can see a Google technician’s hand obscuring the text of it at the bottom of page 234. Above: My scan of a print-out, corrected by me in green ink, of Kant’s essay as scanned by Google, along the scanning technician’s hand.

Moral rights vs. work-for-hire

Responding to my post about the Google Book Settlement, a commenter mentioned that he hadn’t claimed his translations because he had done them as work-for-hire, and it occurs to me that the way work-for-hire contracts will play out in the settlement is worth another few words.

In Britain and in Europe, authors own not only a copyright in their works but also moral rights to them. The idea of moral rights is an attempt to address the fact that works of art are not like, say, eggs or lumps of coal. The creator of a work of art cares about what happens to it, even after he’s sold the right to publish it or display it or even own it, in a way that a keeper of chickens does not care about the fate of eggs, or a miner about the fate of coal. Unlike monetary rights, the moral rights to a work of art cannot be transferred.

American law does not similarly protect the moral rights of its authors. In fact, it has a legal convention called “work-for-hire” that is to moral rights what peonage is to citizenship. If you sign a contract with a “work-for-hire” clause, you agree that what you’ve written is a thing without any more integrity than a lump of coal, and that the purchaser can do whatever he wants to it, editorially, without any need to consult you, and that no matter how much or under what circumstances the work is republished, you have no rights to demand further payment. In my opinion, work-for-hire contracts are disreputable acts of force majeure on the part of publishers. Nonetheless, it is almost impossible for a novice writer to avoid signing them, and in the last few years, it has been difficult even for established writers to avoid them. To its shame, the New York Times insists that its freelance writers, including book reviewers, sign work-for-hire contracts, and even The New Yorker insists that shorter pieces like Talk of the Town essays and capsule reviews be works for hire.

But do you really lose rights forever in work because you signed a work-for-hire clause? Let me offer two counterexamples. More than a decade ago, I translated three pieces of Czech fiction for Catbird Press, which were published in an anthology titled Daylight in Nightclub Inferno. I don’t remember whether my translation contract stipulated that it was work for hire; such terms are common with translations, alas, but the publisher of the press, Robert Wechsler, cared deeply about translation, so the contract might have been more generous. In any case, the book went out of print some years ago, and Catbird Press went out of business some time after that. As far as I know, the rights to the anthology were never sold to anyone before or after the press was shut down; certainly no new edition has appeared. So who owns the rights to my translations? Obviously the original authors own the rights to the underlying works of fiction. But the rights to the translations, I would argue, have reverted to me. Let me put it this way: no reputable publisher would try to reissue the book without negotiating some kind of arrangement with the authors and the translators, if they could be located. If they did, I would sic my agent on them in a New York minute. So I have placed a claim on the “inserts” in these books that correspond to my translations.

A second, perhaps more important example. I’ve published a number of short pieces of fiction over the years, but I’ve decided, in my own mind, that my work as a fiction writer officially begins with a novella that I published in the winter 2008 issue of the journal n+1. I’m not going to go from library to library ripping pages out of old journals and anthologies in order to erase my past, but I’ve nonetheless decided that the novella “Sweet Grafton” is opus 1, number 1, and that what came before should be quietly left behind to rot. Lately, though, I have begun to catch glimpses of earlier pieces of my fiction in the Google archive, digitized but not yet released to the public. I don’t care about the money Google might make and withhold from me; I don’t think there’s any serious money to be made. But I don’t want these pieces suddenly to become readily available. Did I sign away my control to these works, with work-for-hire contracts? Again, I don’t remember, and again, I’d argue that it doesn’t matter whether I did. Because even though American law doesn’t respect an author’s moral rights, the community of American publishing heretofore mostly has respected the most important among them. If Saul Bellow had mistakenly signed a work-for-hire contract on an early short story, would anyone have dared reprint it without his permission, or over his protests? No, they wouldn’t have, because by doing so, such a publisher would call down upon himself the opprobrium of not only Bellow but all other writers who are careful about their presentation of their work—which is to say, all other writers that any reputable publisher might want to sign up. Google isn’t part of that community, so it may not be subject to that kind of moral discouragement. And therefore I think this new settlement ought to allow authors to enforce some of their moral rights, whether or not the contract contained a work-for-hire clause. To get started as a writer, I was willing to write almost anything, sometimes under the most absurd terms, and Google is welcome to much of it without any interference from me. But what has my name on it, and took some of my artistry, even where the artistry didn’t succed, I want to retain at least a veto over.